A Legal Guide to PRIVACY AND DATA SECURITY 2025

Subd. 3. Liability. Whenever there is a breach of the security of the system of a person or entity that has violated this section, or that person’s or entity’s service provider, that person or entity shall reimburse the financial institution that issued any access devices affected by the breach for the costs of reasonable actions undertaken by the financial institution as a result of the breach in order to protect the information of its cardholders or to continue to provide services to cardholders, including but not limited to, any cost incurred in connection with: (1) the cancellation or reissuance of any access device affected by the breach; (2) the closure of any deposit, transaction, share draft, or other accounts affected by the breach and any action to stop payments or block transactions with respect to the accounts; (3) the opening or reopening of any deposit, transaction, share draft, or other accounts affected by the breach; (4) any refund or credit made to a cardholder to cover the cost of any The financial institution is also entitled to recover costs for damages paid by the financial institution to cardholders injured by a breach of the security of the system of a person or entity that has violated this section. Costs do not include any amounts recovered from a credit card company by a financial institution. The remedies under this subdivision are cumulative and do not restrict any other right or remedy otherwise available to the financial institution. Use of Social Security Numbers [Minn. Stat. § 325E.59] The following Minnesota statute governs the use of by non-government agencies of social security numbers in Minnesota. 325E.59 USE OF SOCIAL SECURITY NUMBERS. Subdivision 1. Generally. (a) A person or entity, not including a government entity, may not do any of the following: unauthorized transaction relating to the breach; and (5) the notification of cardholders affected by the breach.

107

Made with FlippingBook - Online Brochure Maker